By SAM ALFAN
Law Society of Kenya has lost bid to stop the government from paying billions of shillings to Anglo Leasing companies.
Justice David Majanja declined to grant the order sought by LSK, saying the court had not been shown evidence that the government indeed to pay the money to foreign companies.
He said since the matter is before Parliament issuing the order will to interfere with doctrines of separation of power.
The judge observed that LSK had not clearly demonstrated that the government has embarked in the process of paying the money.
He said that then office of the attorney general had replied to the application by LSK so as to give the court opportunity to understand their side of the story, he directed that the main petition be heard on May 26.
(LSK) moved to court seeking orders to stop Cabinet Secretary Treasury and the office of the attorney general from paying Anglo Leasing companies on grounds that the said companies never existed and did not supply the goods and materials.
The lawyer’s body had told the court the treasury should be restrained from making any payment until the court makes a decision on the application before it.
The court heard from James Mwamu appearing for LSK that no payment should made to Universal Sat Space (North America) in pursuance to judgment in high court court of Justice Queens bench in London.
He submitted that further payment should not be made to Mercantile Securities Corporation as result of a consent entered in the civil section of the tribunal of first Instance of Geneva, saying that this are foreign judgment that ought been brought before the jurisdiction of the Kenya court for enforcement.
Mr Mwamu said the treasury and the office of the attorney general failed to appreciate the existing statutory constitutional provisions of law on enforcement of foreign judgments based on fraudulent and illegal contracts.
He submitted that the treasury and the office of attorney are about to breach the constitutional provisions under Article 201 that puts emphasis on the finances must be transparent and accountable to the people of Kenya.